OK State Law Redefines Rape After Criminal Trial Outcome Outrage

Posted By
Mazaheri Law Firm

A legal loophole in how Oklahoma defines sexual assault and rape has led
to the acquittal of a 17-year old boy who, as far as most people in the
state are concerned, essentially admitted to raping an intoxicated 16-year
old girl. The alleged victim was found to have a blood alcohol concentration
(BAC) level over four times the legal limit after a night of drinking
with her alleged assaulter. While she claims to have no memory of the
night – a statement that certainly seems true due to her BAC level
– the accused claims she did consent to oral sex, despite her clear
intoxication.

While many believe that it is clear that sexual assault to some degree
occurred, due to intoxication and stupor making it impossible for someone
to provide consent, the statute in Oklahoma law said otherwise. According
to the law itself, sexual assault cannot occur orally and only applies
to vaginal intercourse or anal sodomy. This narrow definition led the
presiding judge to acquit the young man of any wrongdoing.

All of Oklahoma was in an uproar after the ruling, though. State Representative
Scott Biggs and Senator AJ Griffin were among the many who found the legal
loophole deplorable and unforgivable. Together, they quickly drafted a
new bill that would expand the state’s definition of rape to oral
sodomy, given that the victim cannot consent due to intoxication or unconsciousness.
Governor Mary Fallin signed the bill into law earlier this month; the
changes take place immediately.

Due to the law being drafted after the acquittal, an appeal for a new verdict
is not possible. The alleged rapist also cannot be tried again for the
same accusations due to protection from double jeopardy.

As one of the leading law firms in Oklahoma City, our team here at Mazaheri
Law Firm is always interested in pressing legal news stories from around
our city and state. Be sure to
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